Judge Debbie Kleven
Judge Bruce Romanick
Justice Mary Muehlen Maring
Judge Cynthia Rothe-Seeger (via telephone)
Connie Cleveland (via telephone)
Jim Ganje, Staff
Louie Hentzen, Staff
Judge Gary Lee
Cheryl Long Feather
The minutes of the September 8, 2006 meeting in Fargo were approved. Motion by Judge Romanick, seconded by Dave McGeary.
The first item discussed was "active efforts." Jim Ganje led discussion of Judge Christofferson's recommended language. Theresa Snyder and Cheryl Long Feather participated in the discussion surrounding the "Qualified Expert Witness." The question arose as to whether something explicit should be in the state statutes. Referee Thompson indicated that the QEW is dealing with cultural issues and not "active efforts." Discussion continued concerning Judge Christofferson's proposed language and the language in the Iowa statutes. Jim Ganje will draft new proposed language.
It was discussed to set out in the North Dakota statutes the language in Section 1903 (pertinent) in the definitions section.
Jim Ganje is to draft language in regards to "emergency custody hearing." Judge Romanick moved, Dale Thompson seconded, Gary Delmore opposed.
The Board recommended adopting sections "a" through "f" of Jim Ganje's suggested language.
The next subject was indigent defense: "needy vs. indigent person." A motion was made by Steve Balaban that the language should be consistent with the Indigent Defense Commission. Karen Kringlie seconded, no objections.
The next subject was a draft study resolution for the legislature to look at N.D.C.C. 27-20 to help define roles and responsibilities. Clarence Daniel moved, Judge Romanick seconded, Karen Kringlie opposed.
The following sections of the proposed language by Jim Ganje were discussed:
Section 14: Okay per Jim Ganje.
Section 19: Okay per Jim Ganje. Motion by Judge Romanick, seconded by Dave McGeary.
Section 20: Will be revised by Jim Ganje. Motion by Karen Kringlie, seconded by Judge Romanick.
Sections 24(3): No change. Motion by Gary Delorme, seconded by Dale Thompson.
Section ___ (4) and (5): Okay.
Section 2: Traffic references: all non-criminal traffic will go to adult court. Jim Ganje will make appropriate changes, as recommended; criminal traffic is delinquent. Moved by Karen Kringlie, seconded by Gary Delorme.
Section 26: During informal, child is entitled to counsel only. Jim Ganje will draft new language and distribute to Board by e-mail.
Section 48.1: Take out reference to 30.1-27. Jim Ganje will add language with regard to "age
18." Motion by Connie Cleveland, seconded by Gary Delorme.
Sections 48.2 through 48.4: Motion to approve by Clarence Daniel, seconded by Dave McGeary.
Section 54: Strike "or official," "law enforcement," "law enforcement officers." Motion to approve with modifications by Jim Ganje by Dave McGeary, seconded by Steve Balaban.
Section 44: Add 4 and 5 of Michelle Kommer's draft to definition of aggravated circumstances. Motion by Karen Kringlie, seconded by Judge Romanick, opposed as to #5.
Section 2: Definition of "child," "under the age of 18 and not married." Motion by Steve Balaban, seconded by Connie Cleveland.
Section 50: Strike subsection 1. Motion by Gary Delorme, seconded by Karen Kringlie.
Section 2: Update permanency definition. Motion by Gary Delorme, seconded by Connie Cleveland.
No discussion on DNA records at this time. Take up rules at a later time. Submit the changes to the Supreme Court. Motion by Clarence Daniel, seconded by Judge Romanick.
Best Practices: Gary Delorme moved to approve as changed by Karen Kringlie and subcommittee, seconded by Dale Thompson.